EPA v. 179 SOUTH STREET VENTURE

Case summary

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY THE PROPOSED DEF- ENDANTS' FAILURE TO COMPLY WITH THE NOTIFICATION, REMOVAL AND DISPOSAL PROCEDURES, SET FORTH IN 40 CFR SECT 61.147 AND 61.152, CONSECUTIVELY AND THEIR FAILURE TO COMPLY WITH THE NOTIFICATION REQUIREMENT SET FORTH IN SECTION 61.146. SPECIFICALLY: (1) IN APPROXIMATELY AUGUST THROUGH SEPTEMBER OF 1988, THE PROPOSED DEFENDANTS BEGAN TO RENOVATE AND FAILED TO NOTIFY EPA BEFORE THE RENOVATION BEGAN. (2) AFTER THIS RENOVATION, BAGS OF ASBESTOS WERE OBSERVED IN WHICH, IN VIOLATION OF SECT 61.147(E), REMOVED ASBESTOS MATERIAL HAD NOT REMAINED WET UNTIL IT WAS COLLECTED FOR DISPOSAL. DURING THIS PERIOD, DEFENDANTS ALSO FAILED TO ENSURE THAT THE ASBESTOS MATERIAL WAS PROPERLY DISPOSED. EPA ISSUED ORDERS FOR THESE VIOLATIONS. THE PROPOSED DEFENDANTS FILED UNTIMELY RESPONSES TO THESE ORDERS AND EVEN THOUGH THEY HIRED A LICENSED ASBESTOS REMOVAL CONTRACTOR THEY CONTINUED TO BE IN VIOLATION OF 40 CFR PART 61. IN EARLY OCTOBER, THE PROPOSED DEFENDANTS WERE OBSERVED REMOVING ASBESTOS WITH OUT ADEQUATELY WETTING THE MATERIAL. BAGS OF DRY ASBESTOS WERE ALSO OBSERVED IN THE BUILDING AND IN A VAN OUTSIDE THE BUILDING. INJUNCTIVE RELIEF DIRECTING THE PROPOSED DEFENDANTS TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENO- VATIONS AND DEMOLITIONS IN THE FUTURE; AND TO COLLECT CIVIL PENALTIES IN THE AMOUNT OF $90,000, BASED ON EPA'S AUGUST 22, 1989 FINAL ASBESTOS DEMOLITION AND RENOVATION CIVIL PEN- ALTY POLICY.

Defendants (2)

• 179 SOUTH STREET VENTURENamed in complaintNamed in settlement
• E.J. REALTYNamed in complaintNamed in settlement

Facilities (1)

• 179 SOUTH STREET VENTURE

  179 S HARRISON ST, EAST ORANGE, NJ, 07018

  Registry ID: 110014603018

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• 179 SO. STREET VENTURE, ET AL.entered 1994-07-29

  Primary law: CAA

  Federal penalty: $74,000

Timeline (7 milestones)

• 1989-12-01Enforcement Action Data Entered
• 1990-03-28Referred To Dept Of Justice
• 1990-10-29Complaint Filed With Court
• 1994-07-29Final Order Lodged
• 1994-07-29Final Order Entered
• 1994-07-29Concluded
• 1998-03-23Enforcement Action Closed